IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 14.11.2025 Date of Decision : 09.12.2025 Parkash Singh Marwah ......Petitioner Versus State of UT Chandigarh and others ...... Respondents CORAM: HON'BLE MR.JUSTICE SURYA PARTAP SINGH Present : Mr. Hardial Singh Baath, Advocate for the petitioner.

Mr. Ganesh Sharma, Addl. P.P. for UT Chandigarh.

SURYA PARTAP SINGH , J . (Oral) :

For the quashing of FIR No.26 dated 19.05.2024, Police Station Sector-49, UT Chandigarh the extraordinary jurisdiction of this Court, vested by virtue of Section 528 of Bharatiya Nagrik Surakhsa Sanhita, 2023, hereinafter being referred to as ‘BNSS’, has been invoked.

2. Succinctly, the facts emerging from record are that the above mentioned FIR was lodged at the instance of ASI ‘Ajit Singh’ who had reported that on 18.05.2024 at about 6.40 P.M. he along with Constable ‘Yogesh’ was present at the crossing of roads heading towards Sectors- 45/46/49/50 Chandigarh. According to above named police officer, there they spotted a Scorpio car whose front number plate was not properly visible, as few digits of the same were covered by a cloth. It was further reported by the above named police officer that a signal to stop the car was given to the driver of the above said car, but the car driver instead of stopping the car at the intersection stopped it beyond the ‘Zebra’ crossing, and when constable ‘Yogesh’ started videography of the above mentioned car No.CH-01CT-2486 its driver alighted from the car and upon demand for his driving licence, he refused to provide the same.

3. According to above named police officer, the car driver introducing himself as Judicial Magistrate, namely ‘Parkash’, and that in order to confirm the above said fact when it was asked again from the above said driver as to whether he was a Magistrate or not, he nodded in affirmative. It was further reported by the above named police officer, that when the licence was demanded from him he fled from the spot by speeding-up his vehicle. As per report the matter was reported to the Senior Police Officers and when the particulars of the above mentioned vehicle were verified it was found that the car did not belong to a Magistrate. It was also reported by the above named police officer that on the front windshield of the car the sticker of Judge was affixed, and that the driver of the car had also misbehaved with constable ‘Yogesh’ and obstructed him from discharging his official duty.

4. It is case of the prosecution that in view of above mentioned report formal FIR of this case was lodged, and the investigation taken-up. As per prosecution, during the course of investigation the petitioner was arrested.

5. The present petition has been filed by the petitioner by alleging that the petitioner is a budding lawyer hailing from a reputed family, and that he has a good academic record. According to petitioner, the petitioner had a fascination for social service, and that inspired by the above mentioned ideology he used to highlight the lapses of the Administration, and for that purpose even filed various complaints. It has been further alleged that few of the complaints were filed by him against the inaction of Chandigarh Administration also, such as Annexures P-2 and P-3, and that the Annexure P- 2 was a complaint against one D.S.P of Traffic Police, i.e. the respondent No.4. 6. In the present petition it has been alleged that on account of above mentioned complaints moved by the petitioner, the entire Chandigarh Police started nursing grudge against the petitioner and became inimical, and they hatched a conspiracy to implicate the petitioner in a non-bailable offence and that the case in hand has been filed in execution of abovesaid design. The petitioner has claimed that the allegations contained in the FIR are false.

7. With regard to incident in question it has been alleged by the petitioner that on 18.05.2024 at about 6.30 P.M. when the petitioner along with his old aged ailing mot